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Terms and Conditions

Last Revised: January 8, 2024

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  1. ACCEPTANCE OF TERMS AND CONDITIONS

These Terms & Conditions (“Terms”) are an agreement between you (“you,” “your,” or “user”) and Alyst Dating, Inc. is a corporation governed by the laws of the State of Nevada (throughout these Terms we will refer to ourselves as the “Company” ”we," “our,” or “us”). The Company owns the website www.alystdating.com and the associated mobile app Alyst (we will refer to both as the “App”).

PLEASE READ THE TERMS CAREFULLY AS THEY LIMIT THE LIABILITY OF THE COMPANY AND INCLUDE A BINDING ARBITRATION CLAUSE. BY BECOMING A REGISTERED USER, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE APP, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS, INCLUDING OUR PRIVACY POLICY AND ANY ADDITIONAL TERMS AND POLICIES WE MAY PROVIDE FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS AND ALL THE POLICIES AND DOCUMENTS INCORPORATED HEREIN BY REFERENCE IN THEIR ENTIRETY, YOU MAY NOT USE ANY PART OF THE APP.  

 

ARBITRATION NOTICE

YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY (SEE “GOVERNING LAW, DISPUTE RESOLUTION & ARBITRATION” SECTION BELOW FOR MORE DETAILS).

 

2. ACCOUNT ELIGIBILITY: WHO CAN REGISTER FOR AN ACCOUNT

Before you create an account on the App, make sure you are eligible to become a registered user. You are not authorized to create an account or use the App unless all of the following are true. By registering for an account, you represent and warrant that:

  • You have reached the age of majority in the state where you reside (in some states the age of majority is 18, while in others it may be 19 or 21);

  • You have the legal capacity to enter a binding contract with the Company;

  • You are seeking a meaningful relationship;

  • You are not on any list of individuals prohibited from conducting business with the United States;

  • You are not prohibited by law to use our App;

  • You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our App;

  • You are not required to register as a sex offender with any state, federal or local sex offender registry;

  • You do not have more than one account on our App; and

  • You have never had an account with us that was investigated and removed by us (unless you have our express written permission to create a new account).

If at any time you cease to meet these requirements, the authorization to access our App or systems will be automatically revoked, and you will have to immediately delete your account. We retain the right to deny you access to our App without warning.

 

3. PREMIUM SUBSCRIPTION & REFUND POLICY

Premium Subscription & Auto-Renewal: Our App is free to use. However, to use certain premium features, you need to obtain the Premium Subscription. The rates for our Premium Subscription can be found in the App. 

By obtaining the Premium Subscription, you agree that it will automatically renew at the end of the billing cycle (monthly or yearly) until cancelled. The payment method you indicate when purchasing the Premium Subscription will be used to withdraw the premium fee when the subscription auto-renews. 

Canceling Premium Subscription: In order to cancel the Premium Subscription, you need to use your device’s subscription management system.  Click on the following link, to learn how to cancel a subscription on an Apple device. Click on the following link, to learn how to cancel a subscription in Google Play. 

When you cancel your subscription, you are still able to use it until the end of your billing cycle (whether monthly or yearly). The subscription will not be renewed when your then-current billing cycle expires.

Please keep in mind that, because our App may be utilized without a subscription, cancelling your Premium Subscription will not remove your profile from our App. Note that deleting the App from your device, does not end your subscription, nor does it delete your account or profile from the App. If you wish to fully terminate your account and delete your profile, you must do so in accordance with section “Account Termination & Termination of Agreement” of these Terms, which can be found below.

Refund Policy & Chargebacks: Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.

If you are residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, you may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. 

If you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Premium Subscription) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described below.

If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not us. To request a refund, go to Settings > iTunes Store or App Store > click on your Apple ID > Purchase History. Find the transaction and select “Report a Problem.” You can also request a refund at https://getsupport.apple.com. 

If you purchased your subscription using Google Play, follow the following link to learn how refunds are processed via Google Play https://support.google.com/googleplay/answer/2479637?hl=en. 

If you initiate an unauthorized chargeback or otherwise reverse a payment, the Company may terminate your account immediately in its sole discretion. 

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4. YOUR RESPONSIBILITIES

This Section details what you can and can’t do when using the App.

You agree to:

  • Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;

  • Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;

  • Use the latest version of the App;

  • Submit only truthful and accurate information about yourself and maintain accuracy of such information; 

  • Treat other users in a courteous and respectful manner, both on and off our App and abide by our Code of Conduct;

  • Be respectful when communicating with any of our customer care representatives or other employees;

  • Review our Safety Tips; 

  • Maintain a strong password and take reasonable measures to protect the security of your login information; and

  • Immediately notify us in the event of any unauthorized use, or suspected unauthorized use, of your account or any other breach of security. 

You agree that you will not:

  • Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;

  • Use the App in a way that damages the App or prevents its use by other users;

  • Use our App in a way to interfere with, disrupt or negatively affect our servers or networks;

  • Use our App for any harmful, illegal, or nefarious purpose;

  • Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;

  • Post or share Prohibited Content (see below);

  • Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users of the App; 

  • disseminate another person’s personal information without his or her permission;

  • Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;

  • Use another user’s account;

  • Use our App in relation to fraud, a pyramid scheme, or other similar practice; or

  • Violate the terms of the license granted to you by the Company (see Section “Company Content and License We Grant You” below).

  • Disclose private or proprietary information that you do not have the right to disclose;

  • Copy, modify, transmit, distribute, or create any derivative works of, any User Content (as defined below) or Company Content (as defined below), or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our App without the Company’s prior written consent;

  • Express or imply that any statements you make are endorsed by the Company;

  • Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our App or its contents;

  • Upload viruses or other malicious code or otherwise compromise the security of our App;

  • Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our App;

  • “Frame” or “mirror” any part of our App without the Company’s prior written authorization;

  • Use meta tags or code or other devices containing any reference to the Company or the App (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose;

  • Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any part of our App, or cause others to do so;

  • Use or develop any third-party applications that interact with our App or User Content or information without our written consent;

  • Use, access, or publish the Company’s API (application programming interface) without our written consent;

  • Probe, scan, or test the vulnerability of our App or any of our systems or networks;

  • Encourage, promote, or agree to engage in any activity that violates these Terms; or

  • Create a new account after we have suspended or terminated your account, unless you receive our express permission to do so.

The license granted to you under these Terms and any authorization to access the App is automatically revoked in the event that you do any of the above.

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5. CONTENT: YOUR CONTENT, USER CONTENT, COMPANY CONTENT & PROHIBITED CONTENT

It is important that you understand your rights and responsibilities with regard to the content on our App, including any content you provide or post. You are expressly prohibited from posting inappropriate content.

While using our App, you will have access to: (i) content that you upload or provide while using our App (“Your Content”); (ii) content that other users upload or provide while using our App (“User Content”); and (iii) content that the Company provides on and through our App (“Company Content”). “Content” means any text, image, video, audio, or other material on our App, including information on users’ profiles and in direct messages between users.

Prohibited Content: The Company prohibits uploading or sharing content that:

  • Could reasonably be deemed to be offensive; 

  • Could harass, upset, embarrass, alarm or annoy any other person;

  • Is obscene, pornographic, or violent; contains nudity; or otherwise may offend human dignity;

  • Is abusive, insulting, threatening, discriminatory; 

  • Promotes or encourages racism, sexism, hatred or bigotry;

  • Encourages or facilitates any illegal activity including, without limitation, terrorism; 

  • Incites racial hatred or the submission of which in itself constitutes committing a criminal offence;

  • Is defamatory, libelous, or untrue;

  • Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);

  • Involves the transmission of “junk” mail or “spam”;

  • Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, 

  • Contains Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from the Company or otherwise;

  • Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);

  • Was not written by you or was automatically generated, unless expressly authorized by The Company;

  • Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian;

  • Is inconsistent with the intended use of the App; or

  • May harm the reputation of the Company or its affiliates.

The uploading or sharing of content that violates these Terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.

Your Content and Rights You Grant Us: You are solely responsible and liable for Your Content. Don’t share anything that you wouldn’t want others to see. Therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

The content included on your individual profile should be relevant to the intended use of our App. You may not display any personal contact or banking information on your profile, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/ debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.

Your individual profile will be visible to all users of the App, so be sure that you are comfortable sharing Your Content before you post it. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided below.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.

You own all of the content you provide to the Company, but you also grant us a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from LinkedIn, in whole or in part, and in any way and in any format or medium currently known or developed in the future. The Company’s license to Your Content shall be non-exclusive, except that the Company’s license shall be exclusive with respect to derivative works created through use of our App. For example, the Company would have an exclusive license to screenshots of the App that include Your Content.

In addition, so that The Company can prevent the use of Your Content outside of the App, you authorize the Company to act on your behalf with respect to infringing uses of Your Content taken from our App by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our App. The Company is not obligated to take any action with regard to the use of Your Content by other users or third parties. The Company’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).

You agree that the Company may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any part of Your Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

User Content: Other users will also share content on our App (“User Content”). User Content belongs to the user who posted the content. You may not copy the User Content or use it for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if we find that you misuse User Content.

Company Content and License We Grant You: Any other text, graphics, images, videos, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on our App is owned, controlled or licensed by us (“Company Content”) and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Company Content remains with us at all times.

For as long as you comply with these Terms, we grant you a personal, limited, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non- sublicensable license to access and use the App for purposes as intended by us and permitted by these Terms and applicable laws. This license and any authorization to access the App will be automatically revoked in the event that you fail to comply with these Terms.

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6. DIGITAL MILLENNIUM COPYRIGHT ACT POLICY

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the App, please contact us immediately. We will terminate the accounts of repeat infringers.

 

7. YOUR FEEDBACK

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relating to the App provided by you to us (collectively, “Your Feedback”) are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Your Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any of Your Feedback, and you hereby warrant that Your Feedback are original and that you have the right to submit them. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in Your Feedback. 

 

​8. GUIDELINES FOR REVIEWS

You may be able to review and rate our App (“Review(s)”). When posting a Review, you must comply with the following: 

  • You should have firsthand experience with the App; 

  • Your Reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; 

  • Your Reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; 

  • Your Reviews should not contain references to illegal activity; 

  • You should not be affiliated with competitors if posting negative reviews; 

  • You may not post any false or misleading statements; and 

  • You may not organize a campaign encouraging others to post Reviews, whether positive or negative. 

By posting a Review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to your Reviews.

Reviews are not endorsed by us, and do not necessarily represent our opinions or views of any of our affiliates or partners. We do not assume liability for any Review or for any claims, liabilities, or losses resulting from any Review. 

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​9. CODE OF CONDUCT

Please follow this Code of Conduct whenever you want to interact with another user in the App. If you violate this Code of Conduct we reserve the right to suspend or terminate your Account. 

No Fraud and No Illegal Activity: You are not allowed to use our App to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation. 

No Bad Code: Do not use the App to transmit, distribute, or send viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner. 

No Spamming: You may not use the App to engage in any activities that will result in sending spam to any other user of the App. 

Be Respectful: Please act respectfully whenever you are interacting with other users of the App. Bullying, racist or hate comments may be reported by users. 

No Exploitation: You may not use the App to try to gather personal information on any other user of the App.

No Impersonation of the Company or its Employees: You may not impersonate the Company or any of its employees when interacting with other users of the App. 

No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods. 

 

​10. REPORTING USERS’ MISCONDUCT

If you find that one of the users of the App is violating these Terms, you may report such user by providing us with detailed information on the misconduct. In order to report a user, go to the messaging/conversation window and use the menu button to block and report the user. Reported users’ accounts will be investigated. We are a zero tolerance platform and we offer a 3-strike rule for some of the issues. If a user had a serious violation of these Terms, such user’s account will be terminated and he/she will not be allowed to create a new one. 

 

11. PRIVACY POLICY

The privacy and security of your personal information are very important to us. Our Privacy Policy describes how we collect, store, use, and disclose personal information of the App users. Our Privacy Policy is incorporated into these Terms by reference. ​

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12. ACCOUNT TERMINATION & TERMINATION OF AGREEMENT 

If you no longer wish to use our App, you can delete your account at any time by logging into the App, going to to your profile, tapping the “Settings” tab, and deleting the account. However, you will need to cancel your Premium Subscription (if you obtained one) in accordance with “Cancelling Premium Subscription” section above to avoid additional charges.

The Company reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if the Company believes that you have violated these Terms, misused our App, or behaved in a way that the Company regards as inappropriate or unlawful, on or off our App. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the App.

If your account is terminated by you or by the Company for any reason, these Terms (agreement between you and us) will terminate as well (some provisions of these Terms will survive termination). Your information will be maintained and deleted in accordance with our Privacy Policy.

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13.​DISCLAIMERS

PROFILE VERIFICATION: FOR SAFETY AND SECURITY OF OUR USERS AND TO ENSURE YOU HAVE THE BEST POSSIBLE USER EXPERIENCE, WE MAY USE THE FACIAL RECOGNITION TECHNOLOGY BUILT-IN INTO YOUR OWN DEVICE SO THAT WE CAN COMPARE IT WITH THE PHOTO YOU SUBMIT AS YOUR PROFILE PHOTO. WE DO NOT ADD THE VERIFICATION PHOTOS TO YOUR PROFILE. WE RETAIN THE SCANS SO THAT WE CAN VERIFY YOU IN THE FUTURE UNTIL WE NO LONGER NEED THEM FOR SUCH PURPOSES. 

NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS: EVEN THOUGH WE MAY CONDUCT PROFILE VERIFICATION MENTIONED ABOVE, WE DO NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON THE APP USERS. USE YOUR BEST JUDGMENT WHEN INTERACTING WITH OTHERS AND REVIEW OUR SAFETY DATING TIPS.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE THE COMPANY TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.

THOUGH THE COMPANY STRIVES TO ENCOURAGE A RESPECTFUL USER EXPERIENCE, IT IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER ON OR OFF THE APP. YOU AGREE TO USE CAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OFF THE APP OR MEET IN PERSON. FOR THE AVOIDANCE OF DOUBT, YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY DATING TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. 

OTHER DISCLAIMERS: THE COMPANY PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR WEBSITE AND MOBILE APP (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) OUR APP WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR APP WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR APP WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, THE COMPANY MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME, USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE APP. FURTHERMORE, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT YOU WILL GET A CERTAIN NUMBER OF DATES OR FALL IN LOVE THANKS TO OUR APP. 

THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR APP. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR APP IS ACCESSED AT YOUR OWN DISCRETION AND RISK. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.

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14.​ ADS & THIRD-PARTY LINKS

The App may contain ads and links to third-party websites, articles, photographs, text, graphics, pictures, designs, music, sound, video, information, application, software, and other content belonging to or originating from third parties (“Third-Party Links”). Such Third-Party Links are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Links. If you decide to leave the App and navigate to one of such Third-Party Links, you do so at your own risk, and you should be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy policies and data-gathering practices of any website to which you navigate. 

 

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE APP; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST THE COMPANY, WHETHER STATUTORY, IN LAW OR IN EQUITY. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE APP, AND THESE TERMS.

THIS LIMITATION OF LIABILITY PROVISION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

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​16. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, subcontractors, licensors, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the policies incorporated herein by reference, or your violation of any law or the rights of a third party.

 

​17. MODIFICATION OF THESE TERMS OR THE APP

We reserve the right to change these Terms at any time. Please check these Terms periodically for changes. Modifications will become effective upon the earlier of (a) your acceptance of the modified Terms, (b) your use of the App with actual knowledge of the modified Terms, or (c) thirty (30) days following our publication of the modified Terms in the App. Disputes arising under these Terms will be resolved in accordance with the version of the Terms that was in effect at the time the dispute arose.

The Company reserves the right to modify or discontinue the provision of the App at any time (including by limiting or discontinuing certain features of the App), temporarily or permanently, without notice to you. The Company will have no liability for any change to the App or any suspension or termination of your access to or use of the App. 

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18. ​GOVERNING LAW, DISPUTE RESOLUTION & ARBITRATION

General: These Terms shall be exclusively governed by, and construed in all respects in accordance with the laws of the State of Nevada, USA, without giving effect to the conflict of law principles thereof. Any controversy or claim arising out of or relating to these Terms or the breach of these Terms, which remains unsettled following diligent efforts by each party to reach a mutually acceptable resolution of such claim or controversy, shall be settled by binding arbitration. 

Binding Arbitration: In the interest of resolving disputes between you and the Company in the most expedient and cost-effective manner, and except as described in the “Exceptions” provision below, you and the Company agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action.

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Exceptions: Despite the “Binding Arbitration” provision (above), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

 

Arbitrator: Any arbitration between you and the Company will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting the Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

 

Notice of Arbitration; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). The Company's address for Notice of Arbitration is: 1466 Claire Ave Redlands CA 92374. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or the Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. 

 

Fees: If you commence arbitration in accordance with these Terms, the Company will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the State of Nevada, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in Carson City, where our business is registered. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.

 

No Class Actions: You and the Company agree that each may bring a claim against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claim, and may not otherwise preside over any form of a representative or class proceeding.

 

Modifications to this Arbitration Provision: If The Company makes any future change to this arbitration provision, other than a change to the Company's address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to the Company's address for Notice of Arbitration, in which case your account with The Company will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

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Enforceability: If any provision of this “Governing Law, Dispute Resolution & Arbitration” section is found to be unenforceable, then the entirety of this section of the Terms will be null and void and, in that case, the parties agree that the exclusive jurisdiction of the courts located within the Consolidated Municipality of Carson City, Nevada for resolution of any lawsuit or court proceeding permitted under these Terms. 

 

19. GENERAL PROVISIONS

Entire Agreement. These Terms and our policies constitute the entire agreement between you and us with respect to the subject matters hereof and supersede all prior discussions and agreements between you and us with respect to such subject matters. 

Modifications. No modification or amendment to these Terms shall be binding upon Company unless in a written instrument signed/executed by a duly authorized representative of Company. 

No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. 

Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.

Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired, and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the App. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) by the Company via email (to the email address that you provide), (b) a posting in the App or (c) by you via email to support@alystdating.com  or to such other email addresses as the Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

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​20. CONTACT US

Questions about the Terms should be sent support@alystdating.com or our Contact Form found at https://www.alystdating.com/contact-us. 

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